excess shelter allowance

(4) Excess shelter allowance defined In paragraph (3)(A)(ii), the term “excess shelter allowance” means, for a community spouse, the amount by which the sum of— (A) the spouse’s expenses for rent or mortgage payment (including principal and interest), taxes and insurance and, in the case of a condominium or cooperative, required maintenance charge, for the community spouse’s principal residence, and (B) the standard utility allowance (used by the State under section 2014(e) of title 7 ) or, if the State does not use such an allowance, the spouse’s actual utility expenses, exceeds 30 percent of the amount described in paragraph (3)(A)(i), except that, in the case of a condominium or cooperative, for which a maintenance charge is included under subparagraph (A), any allowance under subparagraph (B) shall be reduced to the extent the maintenance charge includes utility expenses.

Source

42 USC § 1396r-5(d)(4)

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Scoping language

None identified, default scope is assumed to be the parent (subchapter XIX) of this section.

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